Page 1 of 330 The Monthly National Legislation Report 7/5/2010 ...

The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 174 of 3307/5/2010March, "a three-judge appeals panel ordered a new trial," claiming that Superior Court Judge John Tomasello "should not have treated Dexter as just another piece of furniture during the firsttrial." The Animal Legal Defense Fund and Lawyers in Defense of Animals supported Houseman's appeal. Calogero told the Inquirer that the second trial represents "a landmark decision," butDare's attorney, James M. Carter, sees the situation differently. "If you tell family judges they have to treat every pet as a child to determine which 'parent' keeps the pet, or how to divideparenting time, this will add a heavy burden on an already heavy caseload," Carter told the Inquirer.NEW YORKA9001 - AN ACT to amend the agriculture and markets law, in relation to the seizure of cats which pose an immediate threat to the public safety or nuisance to a person's propertyLewiston - (6/28/09) - (K9) - In the Town of Lewiston, as is the case in most communities, local law requires dog owners to keep their animals on a leash when they are out in the community. Odorczyk andother dog lovers like her are now hard at work on a plan to create a space in the town where pooches large and small can enjoy the great outdoors, unencumbered by any leashes. Imagine: A park for dogs.Molly Chamberlain, an associate at Great Lakes Real Estate in Lewiston who is spearheading the effort, said she researched dog parks in communities in other parts of the country and figured why not here?Others agreed, leading to the formation of a new group called the Lewiston Dog Owners Group, or LDOG. Members are now circulating petitions throughout the community, hoping to gain enough support toconvince local elected officials to join them in their cause. In a community with 1,600 licensed dog owners, the concept has not been a tough sell so far.NORTH CAROLINACumberland County - (7/27/09) - Anti tethering law takes effect Saturday, 8/1/09. Scottie Harris, county animal services director, said his officers are ready to enforce the rule.Elizabeth City - (7/27/09) - Now, rather than report suspected cases of animal abuse, they’ve decided to turn to lawmakers for help, in hopes of giving animal laws a bigger bite with penalties for offenders.Part of the problem is a lack of teeth in state laws, which list animal cruelty merely as a misdemeanor. Because North Carolina laws define animal welfare as providing adequate feed, water, shelter, andambient temperature, Williams is only required to make sure the animals have their basic needs met. Camden County Attorney John Morrison said it would take a local movement of citizens speaking up togain any attention from legislators about strengthening and enforcing animal laws. “Politicians respond to votes, if enough people speak out about this, (legislators) will certainly listen,” Morrison said. “But,right now there aren’t enough people talking about it, and until that happens it’s not going to be on anyone’s priority list.”Raleigh - (6/29/09) - (K9) - A Raleigh ordinance regulating the unattended restraint of dogs goes into effect Wednesday, 7/1. Under the measure, a dog cannot be tiedoutdoors on a rope, chain or other line meant to restrain for more than three hours total during a 24-hour period. Violators would be charged with a misdemeanorand be could be subject to a civil fine of $100 per day for each violation. Clayton, Chapel Hill, Orange County and Durham County have adopted similar regulations.Chapel Hill and Durham County's ordinances go into effect Jan. 1.OHIO(6/26/09) - (AG) - (K9) - Reported by Norma Wolfe Bennett - Thank you Norma !The joint resolution to set up a farm animal welfare board passed the agriculture committee 17-0 and later passed the full House by a wide margin. The resolution was supported by witnesses from everyfarm constituency -- poultry, beef, sheep, dairy, hog, corn -- as well as OVMA and farm bureau. It was refreshing to hear animal owners speak with passion in favor of a good animal welfare proposal insteadof hearing person after person slam animal owners in a quest to get overbearing regulations through a committee.The HSUS Ohio director spoke against the resolution, calling it disingenuous and a power grab. One committee member commented that if anyone was being disingenuous or making a power grab it wasHSUS.HB 124 was heard after the committee vote on the livestock board resolution. Proponents spoke first; to hear their testimony, you would think that the only people affected by the bill are the ones who sellsick or malnourished puppies and keep their dogs in bad conditions.The committee recessed at noon and was set to reconvene after 2 p.m., but we couldn't stay. However, I heard that the afternoon went well with committee members asking questions to clarify points madeby the folks on our side. Opponent testimony was submitted by OVDO, Rick Foreman, Clermont County Kennel Club, the Ohio Association of Animal Owners, the Ohio Dog Wardens Association, and the OhioProfessional Dog Breeders Association.OVDO is part of the stakeholders group meeting with Rep Weddington, a cosponsor of the bill. We've had two meetings so far and expect another before mid-July.We're told the bill won't be heard again until September, but we shouldn't wait until then to express opposition.Columbus - (6/28/09) - (AG) - The Ohio Veterinary Medical Association (OVMA) is backing a ballot issue that would create a statewide board to standardize livestock housing. The November ballot issue,approved by the Ohio House and awaiting approval from the Ohio Senate, is a pre-emptive move meant to block a ballot initiative the Humane Society of the United States (HSUS) hinted it would push, ifconditions in Ohio didn't change. The OVMA testified this week that it "supports meaningful and responsible efforts within livestock production which enhance animal care and well-being, food safety and thesafety of those employed within animal agriculture." The OVMA, the Ohio Farm Bureau and other interested parties met with the HSUS earlier this year for a "dialogue" regarding current housing practices inOhio. The HSUS says it is considering a ballot initiative, similar to one approved by voters in California that allows criminal charges to be brought against farmers for confining animals in a way that prohibitsthem from moving around. The California Veterinary Medical Association (CVMA) stayed out of the discussion until the four months prior to the election, when it came out in support of the initiative.Whitehall - (7/24/09) - The heated debate over whether to ban vicious dogs, such as pit bulls, took an unexpected turn in one Central Ohio community. The city of Whitehall was deciding whether to banthe animals. Whitehall City Council wasn’t supposed to vote on the issue for another two weeks. Council member Chris Rodriguez asked to suspend the rules and make an immediate decision. Rodriguez saidthe citizens deserve better than the continued theatrics surrounding the issue, and he wanted to get the issue off the table. Council member Jacquelyn Thompson, who proposed the ordinance, said she wassurprised by the rule suspension and believes it was planned. The proposed ordinance was voted down with a 5 to 2 vote. The debate isn’t over just yet, though. Council member Leslie Lacorte said she isgoing to propose an ordinance to put the issue up for a vote by citizens on the November ballot.PENNSYLVANIAReading - (7/7/09) - A City Council committee on Monday agreed to a proposal that would limit city residents to no more than pets - not counting fish - unless they apply for a $50 city permit. To get thatpermit, the residents would have to let the city inspect their homes to see if they're appropriate for housing more than six animals. The permits would have to be renewed annually. Renewals would cost$25. The proposal also calls for a $75 fee for a permit for exotic animals like large snakes or other non-native animals. The pet permit proposal is taken from similar measures in Allentown, Harrisburg,Lancaster and Bethlehem. Wyomissing, Sinking Spring and Shillington have similar limits on the number of pets. The committee agreed to make some changes and forward the proposal to the entire council.If the proposal passes, residents would have three months to comply, but Pease said residents with more than six pets would not necessarily have to get rid of any. If they apply for a permit, they can havemore than six pets - if the city believes they can handle them, Pease said. But the proposal will be rewritten to allow the city to confiscate pets if it determines that someone temporarily relocated pets toskirt the ordinance rather than bring them back. The proposal also would give police authority to seek a search warrant to enter a home to investigate. The same proposal also would place tight restrictionson any dog that bites or attacks anyone without provocation, or has a history of it.Wilkes-Barre - (7/29/09) - A very determined young woman, Samantha Blum of Wilkes-Barre is working to try and prevent Wilkes-Barre's mayor, Thomas M. Leighton form gaining permission fromPennsylvania state legislators to ignore the statewide law disallowing municipalities in the state to enact BSL (Breed Specific Legislation). Blum is leading a campaign to oppose banning dog breeds frompublic parks stating “Breed-specific legislation is not the solution to a problem, but rather a means of punishing responsible pet owners and good dogs for the actions of a few dogs that were brought up in aninappropriate or abusive environment or improperly trained.” She is circulating petitions asking people to support the cause. She is asking all area residents to sign her petition which states BSL is wrong andasks for alternative changes in legislation like higher accountability of dog owners, public education and stricter enforcement of leash laws. A copy of a printable form of the petition can be obtained fromBlum by emailing her at Samantha.blum87@yahoo.com. For any citizen who disagrees with BSL please contact Mayor Thomas M. Leighton at 570-208-4158 or email him at: cityhall@wilkes-barre.pa.us, letters